ARTI DIXIT Vs. SUSHIL KUMAR MISHRA

JUDGEMENT

(1.) Leave granted.

(2.) The Respondents No.1 to 4 obtained an ex-parte decree against the appellants. The decree was one for ejectment and recovery of arrears of rent, taxes, damages etc. This decree was passed on 18/10/2012. The appellants filed an application under Order IX Rule 13 read with Sec. 151 of the Code of Civil Procedure (hereinafter referred to as 'CPC') on 6/5/2014 claiming knowledge of the Decree on execution proceeding on 5/4/2014. It was numbered as 4C. On the very same day, an application was filed under Sec. 17 of the Provincial Small Cause Courts Act 1887 (hereinafter referred to as the 'Act').

(3.) Sec. 17 of the Act reads as follows: